In principle, according to the Energy Labelling Ordinance (EnVKV), household appliances that are offered for sale to end consumers, for connection to a rental contract or similar contracts, or are manufactured, must be provided with information on energy consumption, as well as additional information on performance.
In the case decided by the 8th Chamber of the Higher Regional Court of Hamburg, an advertisement for low-voltage lamps was objected to, which did not contain any additional information in accordance with the EnVKV.
In the opinion of the court, the obligation to label low-voltage lamps is based on line 6 of Annex 1 to the EnVKV in conjunction with Annex 1 of Directive 98/11/EC of 27.01.1998, where the lamps subject to mandatory labeling are defined as:
“Mains-operated household lamps (incandescent lamps and fluorescent lamps with integrated ballast) and household fluorescent lamps (including single- and double-capped lamps and lamps without integrated ballast).”
However, according to the OLG Hamburg, low-voltage lamps do not fall under this definition.
Only household lamps that are directly connected to the power grid are covered. Lamps that – like low-voltage lamps – are operated by means of a transformer connected to the power grid, which converts the mains voltage into a low-voltage range of 12 V and 24 V, are therefore not covered by this definition according to the OLG Hamburg. In the court's opinion, the transformer required for low-voltage lamps is a separately connected device. Therefore, low-voltage lamps are not directly connected to the power grid and are thus not covered by the labeling obligation of the EnVKV. Lamps, however, that contain an integrated transformer are subject to labeling.
OLG Hamburg, Decision of September 19, 2011, AZ.: 3 W 71/11
Goldberg Attorneys at Law 2011
Attorney Oliver Matschuk and
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist attorney for information technology law
E-mail: info@goldberg.de
